This blog highlights Copyright, Fair Use, Patent, Trademark, Trade Secret and "Open" Movement-related topics—Open Access, Open Data, Open Government, Open Software, Open Science, Open Education—which are explored in the LIS 2184: Intellectual Property and "Open" Movements and LIS 2194: Information Ethics graduate courses I teach at the University of Pittsburgh School of Computing and Information.

Sunday, April 30, 2017

"The government’s position is that the trademark registrationprogramand trademarks generally have not historically served as vehicles for expression; they are meant to identify the source. The law is set forth in the Lanham Act which states that registration can be refused if a trademark is disparaging. Dr. Rooksby believes the provision is too arbitrary and will be invalidated by the court.

According to Rooksby, “I think Simon Tam shouldwinthe case. They’ve made a compelling argument that this provision of the trademark law is unconstitutional and this is because it’s too arbitrary. How do you apply it? What is something that’s disparaging?”

While the court weighs the arguments, thebandhas released an EP titled “The Band Who Must Not Be Named.” A decision is expected by the end of June."